Question: Discuss and critically evaluate the approach taken by the judiciary to the application of section 6(3)(b) of the HRA 1998 to determine what constitutes a public authority within the meaning of section 6 of the HRA 1998.
Answer: The Human Rights Act 1998 (HRA) came into force on the 2nd October 2000 and its purpose is to give effect to the UK’s obligations under the European Convention on Human Rights1 (ECHR) and Fundamental Freedoms. The HRA 1998 was intended to give effect in domestic law to the rights guaranteed in the ECHR. The HRA enables individuals to argue for their Convention rights in the United Kingdom's own courts and judges are able to adjudicate directly on Convention issues, thus reducing the need for recourse to Strasbourg.2 The HRA employs a number of techniques to give effect to the ECHR....(short extract)
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- Subject: Law
- Course: Human Rights Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 68%
- Words: 2507
- Date submitted: July 18, 2009
- Date written: Not available
- References: Yes
- Document type: Essay*
- Essay ID: 1920